The Trump administration has canceled President Joe Biden’s ban on federal immigration agents arresting suspects inside schools, churches, houses of worship, hospitals, shelters, and at events such as weddings, funerals, and public demonstrations and protests.
“This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens— including murders [sic] and rapists—who have illegally come into our country. Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” an unnamed DHS spokesperson said in a statement Tuesday, posted by CBS News’s Camilo Montoya-Galvez. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
“The Biden-Harris Administration abused the humanitarian parole program to indiscriminately allow 1.5 million migrants to enter our country. This was all stopped on day one of the Trump Administration,” the spokesperson alleged. “This action will return the humanitarian parole program to its original purpose of looking at migrants on a case-by-case basis.”
CBS’s Montoya-Galvez also reports that the “new DHS team has also instructed officials to begin the process of phasing out programs that allowed certain immigrants to stay in the U.S. under the immigration parole authority.”
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“Pro-immigrant advocates had feared the rescission of the Biden-era rules, warning that it would allow the Trump administration to bring its mass deportations plans to churches and schools,” Montoya-Galvez wrote at CBS News.
CNN calls the move “a departure from long-standing policy to avoid so-called sensitive areas.”
Attorney Krish O’Mara Vignarajah, formerly the Policy Director for First Lady Michelle Obama, responded to the news: “Churches, hospitals, and schools all appear to now be hunting grounds for ICE enforcement operations.”
Immigration law attorney Allen Orr Jr. remarked, “It’s never been about safety or national security. It’s about fear—weaponized to isolate and divide.”
In an interview with Fox Business (video below), Trump’s “border czar” Tom Homan was asked on Tuesday, “If and when ICE went into a school to arrest someone, that would be highly contentious, wouldn’t it?”
Homan quickly turned the hypothetical example from a “school,” which could be an elementary school, to a “college campus.”
“Absolutely. But then again, you know, what’s our national security worth?” he replied. “If we have a national security vulnerability that we know is a national security risk, and we have to walk on a college campus to get him, that’s something we have to do.”
Indeed, various Homeland Security officials prior to Trump’s administration have issued similar bans on arrests in sensitive areas. Among them, John Morton, the Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) from 2009 to 2013, under President Barack Obama.
In 2021, DHS Secretary Alejandro Mayorkas issued a new memo, focused on how “we impact people’s lives and advance our country’s well-being.”
Mayorkas wrote, “When we conduct an enforcement action – whether it is an arrest, search, service of a subpoena, or other action – we need to consider many factors, including the location in which we are conducting the action and its impact on other people and broader societal interests. For example, if we take an action at an emergency shelter, it is possible that noncitizens, including children, will be hesitant to visit the shelter and receive needed food and water, urgent medical attention, or other humanitarian care.”
“To the fullest extent possible, we should not take an enforcement action in or near a location that would restrain people’s access to essential services or engagement in essential activities. Such a location is referred to as a ‘protected area.’ This principle is fundamental. We can accomplish our enforcement mission without denying or limiting individuals’ access to needed medical care, children access to their schools, the displaced access to food and shelter, people of faith access to their places of worship, and more. Adherence to this principle is one bedrock of our stature as public servants.”
Mayorkas had expanded the list of “protected” or “sensitive” areas to include doctor’s offices, vaccination or testing sites, playgrounds, recreation centers, foster care facilities, and school bus stops, to name a few.
Watch the video below or at this link.
VARNEY: If any when ICE went into a school to arrest someone, that would be highly contentious, wouldn't it?
TOM HOMAN: Absolutely. But then again, you know, what's our national security worth? pic.twitter.com/LYFdZzEqmF
— Aaron Rupar (@atrupar) January 21, 2025